Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving a FH Track freight truck.

On July 25, 2018, at around 13:59, the Defendant stopped three lanes in front of the F Council members in Seo-gu, Seo-gu, Gwangju and proceeded along one lane from the opposite side to the opposite intersection, while driving along one lane from the opposite side of the intersection, and started in the new line.

At the time, there was a person crossing the road at the crosswalk, and thus, the person engaged in driving service had a duty of care to safely drive the road by checking whether the person is a pedestrian or not.

Nevertheless, the Defendant neglected that and caused the death of the victim on the left side of the victim G(75) by leaving the crosswalk at the right side of the Defendant due to the negligence of neglecting this, and putting the body part of the victim G(75) into the front part of the said cargo, and putting the head part of the inbound victim into the front part of the said cargo.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of Acts and subordinate statutes to the investigation report (video analysis);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend shall be [typed] 2 types of traffic accidents (special sentencing factors) - In the event that the victim was at considerable negligence in the occurrence of a traffic accident even if the victim was involved, the victim shall not be subject to punishment [decision in the sphere of recommendation] - Special mitigation area / [the scope of recommendation] 2 months to 1 years / [general sentencing factors] - Subscription to comprehensive motor vehicle insurance [whether suspended execution is suspended] - Major Reasons for Considerations: Where the death occurred - Major Reasons for Considerations: Where the victim is at considerable fault in the occurrence of the traffic accident.